Bill 3992

                    Current Status

Bill Number:                    3992
Ratification Number:            481
Act Number:                     393
Type of Legislation:            General Bill GB
Introducing Body:               House
Introduced Date:                19950412
Primary Sponsor:                Cobb-Hunter 
All Sponsors:                   Cobb-Hunter 
Drafted Document Number:        br1\18394ac.95
Companion Bill Number:          815
Date Bill Passed both Bodies:   19960529
Date of Last Amendment:         19960522
Governor's Action:              S
Date of Governor's Action:      19960605
Subject:                        Child abuse, neglect cases

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

------  19960613  Act No. A393
------  19960605  Signed by Governor
------  19960530  Ratified R481
House   19960529  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  19960523  Read third time, returned to House
                  with amendment
Senate  19960522  Amended, read second time, 
                  ordered to third reading 
                  with notice of general amendments
Senate  19960521  Committee report: Favorable with         11 SJ
                  amendment
Senate  19950525  Introduced, read first time,             11 SJ
                  referred to Committee
House   19950525  Read third time, sent to Senate
House   19950524  Read second time
House   19950518  Committee report: Favorable              25 HJ
House   19950412  Introduced, read first time,             25 HJ
                  referred to Committee

(A393, R481, H3992)

AN ACT TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO REQUIRE CERTAIN COURT PAPERS TO BE SERVED WITHOUT A FEE BEING CHARGED AND AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

Be it enacted by the General Assembly of the State of South Carolina:

Court, witness, and service fees in delinquency, neglect, and dependency actions; fees assessed against defendant's in abuse and neglect actions

SECTION 1. Section 20-7-1440 of the 1976 Code, as last amended by Part II, Section 27, Act 497 of 1994, is further amended to read:

"Section 20-7-1440. (A) In delinquency and neglect actions no court fee may be charged against and no witness fee is allowed to a party to a petition. No officer of this State or of a political subdivision of this State may receive a fee for the service of process or for attendance in court in the proceeding, except that in divorce proceedings the officer is allowed the fee provided by law and except when the sheriff or clerk of court has entered into a cooperative agreement with the South Carolina Department of Social Services pursuant to Title IV-D of the Social Security Act for the reimbursement of federal matching funds. All other persons acting under orders of the court may be paid for services or service of process fees provided by law for like services in cases before the circuit court, to be paid from the appropriation provided when the allowances are certified to by the judge.

(B) The sheriff, municipal police, constable, or any peace officer shall serve all papers in delinquency, dependency, and neglect cases without costs, except as provided for in subsection (A).

(C) In actions for support for the spouse or dependent children, when paid through the court and not directly, the court shall assess costs against the party required to pay the support in the amount of three percent of the support paid, which costs must be in addition to the support money paid.

(D) In actions initiated by the department pursuant to Section 20-7-736 or 20-7-738, the court, only after a hearing on the merits, may impose a fee of one hundred dollars against the defendant. If the court does not order removal of custody or intervention and protective services with the child remaining in the home, the fee must be waived. The court may assess the fee against any one defendant or apportion the fee among multiple defendants. The fee may be paid in installments as the court may order; however, the court may not assess a defendant a fee if the defendant's legal assistance is paid for with public funds or if the defendant is qualified for court appointment in accordance with Section 20-7-110. The clerk of court shall collect the fee and remit it to the department. The department shall retain the fees remitted to be used to offset the expenses associated with its legal representation in child abuse and neglect cases."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 5th day of June, 1996.